In Person on 20 November and assisted by Ms Lord from ELIPS on 13 December 2018. v Ms A Carse - Counsel — 2019

This was an open preliminary hearing on whether the Claimant had nine alleged disabilities before 18 October 2017. The Respondent had already conceded fibromyalgia, and the Tribunal left the issue of the Respondent's knowledge of any disabilities to the full merits hearing. Applying Equality Act 2010 section 6, Schedule 1 and the EHRC Code of Practice, the Tribunal focused on whether each condition had a substantial and long-term adverse effect, and disregarded successful treatment where the statute required it.

The Tribunal held that fibromyalgia, vitamin B12 deficiency/pernicious anaemia, temporomandibular disorder and sciatica were disabilities. It accepted that untreated B12 deficiency would cause fatigue affecting mobility and concentration, that untreated TMD would cause headaches and pain interfering with concentration, and that the back condition had substantially affected mobility in late 2015 and recurred so as to satisfy Schedule 1 paragraph 2(2).

It rejected dry eyes, posterior vitreous detachment, sicca symptoms, depression for the relevant period, and carpal tunnel syndrome/tendonitis for the relevant period. For dry eyes and PVD, the evidence did not show a substantial adverse effect on normal day-to-day activities; sicca symptoms were not established as a distinct disability on the medical and oral evidence; depression was not proved to have reached the threshold while the Claimant was still at work; and carpal tunnel/tendonitis was first diagnosed in March 2018, after the period in issue. No remedy was recorded because the hearing determined disability status only.